HF 657

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:40am

A bill for an act
relating to human services; modifying 24-hour customized living services;
amending Minnesota Statutes 2008, section 256B.0915, subdivision 3h.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 256B.0915, subdivision 3h, is amended to
read:

Subd. 3h.

Service rate limits; 24-hour customized living services.

new text begin (a) new text end The
payment rates for 24-hour customized living services is a monthly rate negotiated and
authorized by the lead agency within the parameters established by the commissioner
of human services. The payment agreement must delineate the services that have been
customized for each recipient and specify the amount of each service to be provided. The
lead agency shall ensure that there is a documented need for all services authorized.
The lead agency shall not authorize 24-hour customized living services unless there is
a documented need for 24-hour supervision. For purposes of this section, "24-hour
supervision" means that the recipient requires assistance due to needs related to one or
more of the following:

(1) intermittent assistance with toileting or transferring;

(2) cognitive or behavioral issues;

(3) a medical condition that requires clinical monitoring; or

(4) other conditions or needs as defined by the commissioner of human services.
The lead agency shall ensure that the frequency and mode of supervision of the recipient
and the qualifications of staff providing supervision are described and meet the needs
of the recipient. Customized living services must not include rent or raw food costs.
The negotiated payment rate for 24-hour customized living services must be based on
services to be provided. Negotiated rates must not exceed payment rates for comparable
elderly waiver or medical assistance services and must reflect economies of scale. The
individually negotiated 24-hour customized living payments, in combination with the
payment for other elderly waiver services, including case management, must not exceed
the recipient's community budget cap specified in subdivision 3a.

new text begin (b) Twenty-four-hour customized living services are delivered by a provider licensed
by the commissioner of health as a class A or class F home care provider and provided in a
building that is registered as a housing with services establishment under chapter 144D.
Those home care providers with a capacity to serve 12 or fewer clients may provide
nighttime supervision to clients using personnel who have other duties and are located in
an adjoining building if:
new text end

new text begin (1) the personnel providing supervision have been trained and determined to be
competent in accordance with all applicable home care licensing requirements;
new text end

new text begin (2) the provider has assessed the clients needing 24-hour supervision and determined
that their needs can be safely met;
new text end

new text begin (3) the provider has a communication system that permits staff providing supervision
to be summoned by the clients; and
new text end

new text begin (4) staff providing supervision to clients are able to respond within a time frame that
meets the clients' needs and in no event exceeds ten minutes.
new text end